Litigation/Dispute Resolution


Court of Appeal backs decision to make collective action opt-out

9 May 2022

The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.


No retainer between law firm and businessman in £2.5m dispute

6 May 2022

There was no express or implied retainer between a law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.


Choosing London lawyers “does not guarantee” hearing in capital

5 May 2022

The freedom of parties to choose their lawyers should not “transform into an ability to choose a venue”, a High Court judge has said in moving a judicial review hearing from London to Leeds.


Apology appeases court after yet another judgment embargo breach

5 May 2022

The High Court has accepted an apology from a party which broke an embargo on a ruling, in the third such case in the space of just two months.


Judge rejects recusal in fees case involving firm that owes him money

4 May 2022

A QC has rejected an application recuse himself from sitting as a deputy High Court judge in a case involving a law firm suing for unpaid fees that itself owes him fees.


Judge throws cold water on “insignificant” data breach claims

3 May 2022

The burgeoning field of data breach claims has taken a blow with a High Court judge saying the disclosure of a person’s name, gender and date of birth is not serious enough.


MPs lament “missed opportunities” of court reform programme

27 April 2022

The Ministry of Justice and courts service have “missed opportunities to swiftly deliver an ambitious court reform programme”, MPs on the justice select committee said today.


Judge could hand down judgment despite settlement

20 April 2022

A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft striking out the claims, the High Court has ruled.


Court slams “reprehensible” firm for trying to shift blame for failings

8 April 2022

The senior Queen’s Bench master has strongly criticised a Liverpool law firm over its approach to the Volkswagen emissions case and trying to blame other solicitors for its failings.


Ince Group granted injunction after ransomware attack

5 April 2022

Listed law firm The Ince Group has been granted an interim injunction to stop hackers from releasing confidential data on the dark web if it does not pay a ransom.


SRA rebukes leading class action firm over conduct of struck-out claim

5 April 2022

Class action firm Hausfeld has been rebuked by the Solicitors Regulation Authority for allowing its independence to be compromised in the conduct of a massive group claim.


Client suing law firm ordered to pay security for costs

5 April 2022

A businessman whose property company is suing a law firm for damages cannot provide security for costs in the form of an indemnity backed by legal charges and must provide cash.


Class action firm allowed to terminate retainer, leaving 183 LiPs behind

4 April 2022

The High Court has approved class action firm PGMBM terminating a retainer that leaves 183 litigants to continue their battle for compensation alone.


Collective redress lawyers join forces amid calls for reform

1 April 2022

Calls for long- and short-term reform to the group action regime yesterday marked the launch of the Collective Redress Lawyers Association, as a tribunal refused to certify two opt-out actions.


Mind the gap – Economic duress of lawful act

31 March 2022

On 18 August 2021, in Pakistan International Airline Corporation v Times Travel (UK) Ltd (Appellant) [2021] UKSC, the Supreme Court unanimously held that economic (or lawful act) duress does exist under English law. 

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Blog


The SRA and privileged material – this is not the end

All disclosure to the SRA must now exclude privileged material, which will not only hamper investigations but also cause additional work for firms providing disclosure.


Legal Ombudsman fee reforms risk widening the justice gap

Charging firms simply because a complaint moves through the process weakens the present connection between fees and fault. It could also encourage firms to settle for commercial reasons.


Why upfront information could transform home buying

The success of upfront property information will depend on more than simply making the information available.